. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/309 
29 January 2010  
 (10-0449) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  EUROPEAN UNION
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission 
EU-TBT Enquiry Point 
Fax:  +(32) 2 299 80 43 E-mail:  ec-tbt@ec.europa.eu Website: http://ec.europa.eu/enterprise/tbt/
  
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Food.       
5. Title, number of pages and language(s) of the notified document:  Draft Commission 
Regulation refusing to authoris e a health claim made on foods, other than those referring to 
the reduction of disease risk and to children's deve lopment and health (6 pages, in English).     
6. Description of content:  This draft Commission Regulation concerns the refusal of 
authorisation of a health  claim made on foods other than th ose referring to the reduction of 
disease risk and to children's development and health in accordance with Article 18(5) of 
Regulation (EC) No 1924/2006 of the European  Parliament and of the Council of 20 
December 2006 on nutrition and he alth claims made on foods.  
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human health and safety.  
The proposed measure is a Commi ssion Regulation for health cl aims as referred to above 
under point 6 that have been assessed by the European Food Safety Authority (EFSA). For 
the health claim referred to in the Commis sion Regulation, EFSA concluded that it was not 
scientifically substantiated. Therefore it does not comply w ith the conditions set out in 
Regulation (EC) No 1924/2006, and will not be authorised for use on foods. 
8. Relevant documents:   Regulation (EC) No 1924/2006 of the European Parliament and of the 
Council of 20 December 2006 on nutrition and health claims made on foods 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2006:404:0009:0025:EN:PDF  G/TBT/N/EEC/309 
Page 2  
 
  9. Proposed date of adoption:   
Proposed date of entry into force:    Mid May 2010 
20 days from publication in  the Official Journal 
of the EU (about a month after adoption approx.)  
Health claims listed in the Annex (rejected 
health claims) may continue to be used for six 
months after the entry into force of this draft Regulation.  
10. Final date for comments:  60 days from date of notification. 
11. Text available from: National enquiry point [  ], or addre ss, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:   
European Commission 
EU-TBT Enquiry Point 
Fax:  + (32) 2 299 80 43 
E-mail:  ec-tbt@ec.europa.eu 
The text is available on the EU-TBT Website :  http://ec.europa.eu/enterprise/tbt/   
And can also be downloaded here: 
http://members.wto.org/crnatt achments/2010/tbt/eec/10_0344_00_e.pdf